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The Ex Ante and Ex Post Application of the Teckal Criteria for In-house Awards

Ammar Al-Tabbaa


This paper considers whether the conditions for the application of the in-house or Teckal exemption must be satisfied only at the time of contract award or throughout the duration of the contract. It examines whether it is desirable and appropriate for the principle established in the CJEU's judgment in Case C-573/07 Sea v Ponte Nossa (“Sea”), in which the Court found that the prohibition on private participation in the controlled entity must be adhered to not only at the time of award but also throughout the term of the contract, to be extended by analogy to the control and activities requirements of the in-house exemption. It argues that such extension is both not justified in principle and problematic in practice, and that legal certainty is best achieved by restricting the principle established in Sea to the private participation criterion.

Ammar Al-Tabbaa is a partner at gunnercooke llp, London. DOI: 10.21552/epppl/2016/3/6


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